Whenever you use migrant labor in the UK, you must have your staff who have the legal right to work. This means knowing about Section 3C Leave under the Immigration Act 1971 so that workers aren’t automatically becoming illegal overstayers while waiting for their visa extensions or appeals. There’s a lot of protection in section 3C for workers who timely apply to extend or modify visas. What Is Section 3C Leave, An Easy To Follow Guide For Both Employers And Employees?
What is Section 3C Leave?
Section 3C Leave automatically extends a worker’s right to remain in the UK if they apply in time for an extension or visa modification, and yet the Home Office has not decided. This permits workers to remain in the UK in good faith while their application is being considered or when an appeal or administrative hearing is taking place.
What is an “In-Time Application”?
A visa application that was submitted in time is a visa application to extend or alter the visa before your leave (permission to stay) has run out. Section 3C will allow them to leave up to the decision date of their application, even if that decision comes late, as long as it happens before the visa runs out.
But if the worker applied later than the leave was already over, Section 3C would not apply and he or she would be an illegal overstayer.
When Can Section 3C Leave Be Used?
Section 3C Leave can be relied upon in the following situations:
- Pending a decision on an in-time visa application: If your employee has applied to extend or change their visa before their leave expires, Section 3C automatically extends their leave until the decision is made.
- During an appeal: If your employee’s visa application is refused and they decide to appeal, Section 3C Leave will continue while the appeal is pending. However, if the appeal is not submitted on time, Section 3C will end.
- During an administrative review: If your employee requests an administrative review of a visa decision, Section 3C will continue until the review is completed, withdrawn, or a new application is made. Reviews must be requested within the correct time frame, usually 14 days.
How Long Does Section 3C Leave Last?
Section 3C Leave will last as long as the decision is pending, or if an appeal or review is ongoing. If an appeal or review is successful, Section 3C Leave will continue until a final decision is made.
If your employee’s application is approved or denied, the leave will end. However, if they have a right to appeal or request a review, Section 3C will continue until the process is complete.
Can Employees Work Under Section 3C Leave?
Yes, employees can continue working under Section 3C Leave as long as their current visa conditions allow it. If the worker had the right to work under their original visa, they can keep working under the same terms while their new application is being processed.
Can Section 3C Leave Be Cancelled?
Yes, Section 3C Leave can be canceled if the employee:
- Fails to comply with visa conditions, such as working in a job they’re not allowed to do.
- Uses deception (lying or providing false information) in their visa application.
If Section 3C Leave is canceled, the worker will become an illegal overstayer and will need to wait for the Home Office to make a final decision on their case. This can take a long time—up to a year.
Section 3C Leave is an essential tool for employers and employees to ensure that workers can continue to stay and work legally in the UK while waiting for a visa decision, appeal, or administrative review. As an employer, it’s vital to encourage your employees to apply on time to extend or change their visas. This will prevent them from becoming illegal overstayers and help them continue their work, housing, and daily activities without disruption. If you’re unsure about how Section 3C applies to your employees, Law and Visas can help guide you through the process to ensure compliance with UK immigration laws.
